Can Derek Chauvin Appeal Guilty Verdict?

Former Minneapolis Police officer Derek Chauvin was convicted on all three counts against him Tuesday, closing this chapter of the case which began with George Floyd's May 25, 2020, death, but beginning the sentencing and appeals portions of the process.

Because Chauvin was not charged with first-degree murder, he is eligible for appeal, which must be filed by his defense attorneys within 90 days of Tuesday's jury verdict. The Minneapolis jury found Chauvin guilty on count one, unintentional second-degree murder, Count two, third-degree murder, perpetrating an eminently dangerous act, and count three, second-degree manslaughter, culpable negligence on Tuesday afternoon. Deliberations began one day prior and sentencing is set to take place in eight weeks, Juge Peter Cahill said.

All three charges are eligible for appeal under Minnesota state law, and the appeal could include a request for an entirely new trial. Chauvin's bail was revoked by Judge Cahill after the guilty verdict on all three counts against him in the trial.

Under Minnesota court rules for criminal procedure, the Court of Appeals governs the procedure for misdemeanor, gross misdemeanor and felony cases. Only in cases of first-degree murder, which Chauvin was not charged with, must the defendant have their appeal moved to a different court. In Minnesota, first-degree murder is tied to proving premeditation, which Hennepin County prosecutors felt they could not do heading into the proceedings.

"A defendant may appeal as of right from any adverse final judgment, or from an order denying in whole or in part a petition for postconviction relief under Minnesota Statutes," the state's court rules say.

Judge Cahill sparked national political intrigue Monday after he warned California Congresswoman Maxine Waters that the trial verdict could be "overturned" on appeal. He cited Waters' pre-verdict remarks that if Chauvin is acquitted, protesters should "get more confrontational."

The judge's warning on Monday was in response to Chauvin defense attorney Eric Nelson complaining about the national spotlight and weeks of protests happening outside of the Hennepin County courtroom.

"We have U.S. representatives threatening acts of violence in relation to this specific case, it's mind boggling," Nelson said Monday.

Legal experts say Chauvin's defense team is unlikely to pursue that route for appeal and instead to focus on potential grounds for proving bias or tainted evidence may have swayed the jury's final verdict.

Newsweek reached out to the Hennepin County prosecutor's office as well as Chauvin's defense team for any additional remarks Tuesday afternoon.

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A poster with George Floyd's picture and a sign reads that "I can't Breathe" hang from a security fence outside the Hennepin County Government Center on March 30, 2021 in Minneapolis, Minnesota. - The stomach-churning video of George Floyd's death under the knee of a Minneapolis policeman took center stage as arguments in the politically charged murder trial opened March 29, 2021. Prosecutors sought to demonstrate that white then-police officer Derek Chauvin had no justification for using the dangerous move for some nine minutes on Floyd, an African-American man, last May during an arrest on a minor charge. KEREM YUCEL / AFP/Getty Images